Rule 4.08 - Transfer to the probate Judge; injunctions and restraining orders(a) In any matter referred to the probate commissioner, each party is entitled, as a matter of right, to have any contested matter heard before the probate judge provided that the probate commissioner has not made any ruling on such contested matter or commenced hearing such contested matter. A party wishing to exercise such right shall make the request to the probate commissioner in writing or orally prior to commencing the hearing on any contested matter. The probate commissioner shall place the matter on the probate judge's calendar for hearing before the probate judge at the probate judge's next available hearing date. The probate judge may, upon resolution of the contested matter, enter an order retaining the case at the discretion of the probate judge. If the probate judge does not enter an order retaining the case, then the case shall be returned to the probate commissioner's calendar.(b) A request to transfer a matter to the probate judge shall be filed with the clerk and emailed to the inbox for the probate department and the department assigned to the matter no later than 4:00 p.m. on the Friday prior to the week the matter is to be heard. The request to transfer shall specifically identify the following, with the appropriate box marked: - Schedule evidentiary hearing-discovery completed
- Schedule evidentiary hearing-discovery plan needed
- Schedule oral argument on matter of law-fully briefed
- Schedule oral argument on matter of law-briefing schedule needed
After receiving the request to transfer, the probate commissioner shall remove the matter from the probate calendar, and the assigned department shall calendar the matter for hearing on the next available hearing date and specifically set forth the scope of the hearing. The scope of the hearing will indicate whether the hearing is to set an evidentiary hearing, discovery plan, oral argument on any matter fully briefed, or briefing schedule. Parties are encouraged to submit a stipulation and order with an agreed upon discovery plan, or briefing schedule, by 4:00 p.m. on the Friday prior to the week the matter is to be heard. Any stipulation and order submitted shall vacate the pending hearing date and leave space for the department to include a new hearing date for the evidentiary hearing or oral argument.
(c) A motion for relief pursuant to NRCP 65 must be heard and considered by the assigned probate judge, not the probate commissioner. The master calendar shall set all applications for injunctions or restraining orders in probate matters on the assigned probate judge's calendar. Subject to EDCR 4.08(a), all other proceedings in the case will be heard by the probate commissioner.Nev. R. Prac. Eight Jud. Dist. Ct. 4.08
Added effective 9/2/2014; amended effective 3/1/2016; amended April 26, 2024, effective 6/25/2024.